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Question
Posted by: Matilda | 2011/09/28

School fees and maintenance

Please help with advise on the best way to handle this. The ex-husband was ordered to pay R500 each for two children and pay school fees and tertiary fees, It''s been 3 years and he doesn''t pay a cent. He first complained about not seeing the children, i then moved them closer to him- but he still never made time to see them. I had to move them - in the middle of the year- to stay with me. The previous schools have now listed me for the outstanding amounts. the court order says that he must pay for all school fees. How do i get him to follow this order and pay the outstanding school fees.

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Our expert says:
Expert ImageFamily law expert

I suggest that you visit your local magistrates court and arrange a meeting with the maintenance officer. The best way to deal with his reluctance to pay the school fees will be to issue a writ or garnishee order for the arrears in maintenance.

Answered by:

Bertus Preller is a Divorce Attorney in Cape Town and has more than 20 years experience in most sectors of the law and 13 years as a practicing attorney. He specializes in Family law and Divorce Law at Abrahams and Gross Attorneys Inc. in Cape Town. Bertus is also the Family Law expert on Health24.com and on the expert panel of Law24.com and is frequently quoted on Family Law issues in newspapers such as the Sunday Times and Business Times and magazines such as Noseweek, You and Huisgenoot. His clients include artists, celebrities, sports people and high networth individuals. His areas of expertise are Divorce Law, Family Law, Divorce Mediation, Parenting Plans, Parental Responsibilities and Rights, Custody (care and contact) of children, same sex marriages, unmarried fathers rights, domestic violence matters, international divorce law, digital rights, media law and criminal law.

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

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Our users say:
Posted by: family law expert | 2011/09/30

I suggest that you visit your local magistrates court and arrange a meeting with the maintenance officer. The best way to deal with his reluctance to pay the school fees will be to issue a writ or garnishee order for the arrears in maintenance.

Answered by:

Bertus Preller is a Divorce Attorney in Cape Town and has more than 20 years experience in most sectors of the law and 13 years as a practicing attorney. He specializes in Family law and Divorce Law at Abrahams and Gross Attorneys Inc. in Cape Town. Bertus is also the Family Law expert on Health24.com and on the expert panel of Law24.com and is frequently quoted on Family Law issues in newspapers such as the Sunday Times and Business Times and magazines such as Noseweek, You and Huisgenoot. His clients include artists, celebrities, sports people and high networth individuals. His areas of expertise are Divorce Law, Family Law, Divorce Mediation, Parenting Plans, Parental Responsibilities and Rights, Custody (care and contact) of children, same sex marriages, unmarried fathers rights, domestic violence matters, international divorce law, digital rights, media law and criminal law.

Reply to family law expert
Posted by: FIO | 2011/09/29

Go to maintenance court, get a garnmishee order where the money gets deducted form his salary before he gets paid.

You can also consider  laying a charge of being in contempt of court since he is defying a court order to pay maintenance.

Reply to FIO
Posted by: Anon | 2011/09/28

Go to the maintenance court.

Reply to Anon

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